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News and Discussions on Payroll & Employment Law

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November, 2010

Employer obligations and the holiday party

The holidays are right around the corner and this often translates into lots of company-sponsored events, parties and commitments. While these events bring joy and merriment to employees, they can also bring legal troubles for employers related to alcohol, harassment, violence and discrimination.

 

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Nova Scotia unified labour board

I recently read about a Bill coming out of Nova Scotia that proposes to merge a number of official forums involving employment and labour relations into one Labour Board, to simplify how workplace disputes are handled, and to establish a committee to keep labour relations laws relevant.

 

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Accessible electronic information and communications: small steps with a big outcome

There are some simple ways all of us can alter our daily habits so that people with a variety of disabilities who depend on a screen reader can understand your information. What is a screen reader? A screen reader reads aloud electronic communications.

 

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How would you manage Gordon Ramsay if he was your employee?

How would you manage Gordon Ramsay if he was your employee? How many of you are thinking, “With the revenue he generates, he can act any way he wants”?

 

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An interesting story of how the employer did the right thing

I recently read a case coming out of the Yukon where an employee accused his employer of discriminating against him based on the ground of mental disability, which was contrary to the Yukon Human Rights Act.

 

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Citizenship and Immigration Canada announces new federal immigrant investor program

On November 10, 2010, Citizenship and Immigration Canada published regulations in the Canada Gazette, which reinstate the Canadian Federal Immigrant Investor Program (“IIP”). However, the new IIP now requires an investment of $800,000CAD and a personal net worth of $1.6 Million CAD. The regulations come into force on December 1, 2010.

 

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Increase in litigation by employers against former employees

In reviewing the cases that come along through the various reporting services, my subjective impression is that there appears to be an increase in litigation by employers against former employees.

 

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Dealing with an employee’s extended absence due to illness

Employers are often faced with the prospect of dealing with an employee who is required to be absent from work for an extended period of time due to an illness. Employers must tread a fine line in determining when the employee is able to return to work and on what basis.

 

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Slaw: Employees fired for Facebook comments

The British Columbia Labour Relations Board recently upheld the firing of two employees by a car dealership over comments they posted on Facebook about their employer. The lawyer for the employer stated that he believes this is the first Facebook firing case to be heard in Canada.

 

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Should ergonomic training be mandatory in every workplace?

I recently read a case coming out of Alberta where a clerical worker developed carpel tunnel syndrome from work. She was promoted in her workplace and had to do even more typing and handwriting with poor quality office furniture and pens. She was not able to take breaks due to the pressure to produce, staff shortages and hiring freezes. Ultimately, the new job aggravated her condition to the point where she required surgery.

 

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Air Canada pilots must be reinstated after forced retirement

The Canadian Human Rights Tribunal has ordered Air Canada to reinstate two pilots, aged 65 and 67, who were forced to retire at age 60.

 

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Halloween and workplace human rights

The current movie, “The Dilemma” has caused quite a controversy lately because the character portrayed by actor Vince Vaughan says, “Electric cars are gay.”

 

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Is some form of intervention required in order to address the issue of long-term joblessness?

I read an interesting article that was quite discouraging. Unfortunately, it has been found that more Canadians are remaining jobless for longer periods of time. We are not just talking about workers in the manufacturing sector here; apparently, significant numbers of Canadians have lost their jobs and are experiencing long-term unemployment in areas such as accounting, executive work and education. Also, employment of factory workers is at a 30-year low.

 

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Top ten employment law myths and mistakes in employment contracts

I recently attended the Law Society’s annual Employment Law Summit, which is always filled with top-notch employment lawyers providing valuable insight and practical advice on issues relating to employment law and human resources. Many of the discussions touched upon issues relating to the use of employment agreements, including termination clauses. The comments caused me to consider my own experiences in dealing with…

 

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Employers discussing employee medical condition with other employees

In general, an employer, manager, supervisor or HR professional discussing an employee’s medical condition with other employees is just plain inappropriate…

 

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